Habeeb Hussain vs The State Of Telangana on 7 August, 2025

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Telangana High Court

Habeeb Hussain vs The State Of Telangana on 7 August, 2025

Author: N.Tukaramji

Bench: N.Tukaramji

            THE HONOURABLE SRI JUSTICE N.TUKARAMJI

                      I.A.Nos.2 AND 3 OF 2025
                               In/And
                 CRIMINAL PETITION No. 8929 OF 2025

COMMON ORDER

This Criminal Petition is filed under Section 528 of Bharatiya

Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS, 2023’) seeking

quashment of the proceedings against the petitioners/accused Nos.1 to 7

in Crime No.73 of 2025 on the file of the Nirmal Police Station, Nirmal

District.

2. The petitioners are arrayed as accused Nos.1 to 7 in the Crime

Case registered for the offence punishable under Section 85 read with

3(5) of Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act.

3. Heard Mr.Sarwath Mehdi Khan, learned counsel representing

Mr.M.A.K.Mukheed, learned counsel for the petitioners, Mr.Jithender Rao

Veeramalla, learned Additional Public Prosecutor, representing the

respondent No.1-State and Mr.T.Lakshmi Narayana, learned counsel for

the respondent No.2/de-facto complainant.

4. Pending this petition, the parties have entered into the compromise

and, accordingly, respondent No.2/de-facto complainant filed I.A.Nos.2

and 3 of 2025 with the prayer to permit them to enter into compromise
2 NTR,J
I.A.Nos.2 and 3 of 2025
in/and
Crl.P.No. 8929 of 2025

and by recording the settlement to quash the proceedings against the

petitioners/accused Nos.1 to 7 in Crime.No.8929 of 2025.

5. This Court vide order dated 17.07.2025 referred the parties to the

High Court Legal Services Committee for identification and to verify the

voluntariness in arriving the settlement. The Secretary, High Court Legal

Services Committee, has submitted report dated 25.07.2025 stating that

the parties were identified by their respective counsel and also on

verification of Aadhar Cards/Identity Cards and the enquiries revealed

that the parties have willfully and without coercion entered into

settlement/compromise.

6. I have considered the submissions of the learned counsel and

perused the materials on record.

7. Having considered the allegations, the nature of charged offences

and taking into account the amicable settlement between the parties, in

the light of the dictums in Gian Singh v. State of Punjab and another 1

and Anil Mishra v. State of U.P. 2; State of Madhya Pradesh v. Laxmi

Narayan and others 3, this Court is of the considered view that

quashment of the impugned proceedings in view of the settlement by

1
2012 (10) SCC 303
2
2024 INSC 189
3
2019 (5) SCC 688
3 NTR,J
I.A.Nos.2 and 3 of 2025
in/and
Crl.P.No. 8929 of 2025

exercising jurisdiction under Section 482 Cr.P.C./528 of BNSS, 2023,

would be in the interest of justice.

8. Accordingly, I.A.Nos.2 and 3 of 2025 are allowed. Consequently,

all the proceedings in Crime.No.73 of 2025 on the file of the Nirmal Police

Station, Nirmal District, are hereby quashed against the

petitioners/accused Nos.1 to 7.

9. In the above terms, the Criminal Petition is disposed of.

Pending miscellaneous applications, if any, shall stand closed.

_______________
N.TUKARAMJI, J
Date: 07.08.2025
mmr



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